78B-6a-403. Defense in private nuisance action for critical infrastructure materials operations.
(1) A person or government entity does not have a right of action for a private nuisance under this chapter for an activity conducted in the normal and ordinary course of a critical infrastructure materials operation or conducted in accordance with sound practices presumed to be reasonable.
(2) A critical infrastructure materials operation undertaken in conformity with federal, state, and local laws and regulations, including zoning ordinances, is presumed to be operating within sound critical infrastructure materials practices.
(3) This section does not apply to an action under Part 2, Public Nuisance.